DOMA ruling to bring few changes to Indiana

More Information

By the numbers

A Ball State Bowen Center for Public Affairs November 2012 poll of 602 Hoosiers (± 4.5) found 54 percent of those polled opposed changing Indiana's constitution to ban same-sex marriage, with 38 percent in support, yet Hoosiers were split on the question of legalizing same sex marriage with both sides at 45 percent.

Nationally, 51 percent of Americans support legalizing same sex marriage, according to a May 2013 Pew Research survey of 1,500 adults in all 50 states, though Pew's 2012 research also suggests a steep, albeit lessening, regional divide, with 49 percent of those in Great Lake region, including Indiana, in favor of same sex marriage, as opposed to New England region's 62 percent and South Central region's 35 percent.

Dr. David Orentlicher, professor of law at the IU Robert H. McKinney School of Law and former member of the Indiana House, said the nation as a whole is moving toward recognition of same sex marriage.

“The question is when will Indiana get to the point where it is no longer politically expedient to deny the recognition same sex marriage,” he said.

Comments on the rulings:

"What this means to parents, family and friends of gay and lesbian people is it lets them know their kids have better protection than they had, at least in some states. I think this will put a lot of parents more at ease." Roger McNett, a New Haven resident active in PFLAG (Parents, Families, & Friends of Lesbians and Gays)

“While I am disappointed that the Court chose to strike down part of the federal Defense of Marriage Act, I am absolutely certain that the American people will continue the defense of marriage in state capitals across the country. As a husband, a father, and a legislator, I will continue to defend the definition of marriage — the union of one man and one woman. Because marriage is ordained by God, instituted in every society throughout history, and the best environment for raising children, I am pleased that the court did not issue a sweeping mandate and has left marriage policy to the work of our democratic process.” – U.S. Rep. Marlin Stutzman, R-3rd

“Bishop (Kevin C.) Rhoades expressed his great disappointment on the decisions of the Supreme Court striking down part of the Defense of Marriage Act and refusing to uphold California’s Proposition 8. Under the Court’s ruling regarding DOMA, the federal government will now have to recognize so-called same-sex 'marriage' in states that provide for it. Bishop Rhoades stated the importance of our ensuring that the state of Indiana continues to recognize and uphold the unique meaning of marriage as the union of one man and one woman. The Bishop commented that the Church must continue and even redouble its efforts to teach and advocate the truth about marriage for the good of children and of society.” – Catholic Diocese of Fort Wayne-South Bend

Efforts to implement state constitutional amendment likely to continue

The U.S. Supreme Court added another point to the marriage equality timeline Wednesday when it struck down a key part of the Defense of Marriage Act, although much won't change at the state level in Indiana.

Current Indiana statute only recognizes marriage as a union between one man and one woman, and for a number of years, state legislators have attempted to go one step further and insert that definition via an amendment into the state's constitution.

Hailed as a double victory for same-sex marriage supporters, the Supreme Court ruled 5-4 that a key part of DOMA, the 1996 federal act that banned federal recognition of same-sex marriage, was unconstitutional. In doing so, the estimated 70,000-plus same-sex couples in the 12 states where same-sex marriage is legal will be eligible for full federal benefits numbering in the thousands that heterosexual couples receive under the law.

Additionally, same-sex couples who were married in a state where their marriage is recognized but now reside in a state that does not recognize it will receive federal benefits, though the extent of and ease of access to those benefits is yet to be determined.

Some federal agencies validate marriages based off the law of the state where a couple married, while others look to the law of the state where the couple currently lives, Indiana Equality Action legal adviser Don Sherfick said.

State political leaders weighed in Wednesday in a flurry of public statements.

Indiana Attorney General Greg Zoeller filed in January two friend of the court amicus briefs, which laid out Indiana's stance on the matter, though the state is not a defendant or plaintiff. They appealed to the U.S. Supreme Court to uphold DOMA and allow California to adopt Proposition 8, the narrowly approved voter referendum that had banned same-sex marriages in the state.

"While my office is duty bound to defend the authority of our state legislature and their decisions, I recognize that people have strongly held and vastly different views on the issue of marriage and ask that everyone show respect with civility to our Supreme Court and our constitutional system,” Zoeller said Wednesday in a statement. “Regardless of the different views people may hold, marriage should be a source of unity and not division.”

Now, Zoeller's office is reviewing the rulings to determine how Indiana statutes will be affected, according to the release.

Meanwhile, statehouse leaders plan to assess and move forward with a second round of legislative voting on House Joint Resolution 6, which would define marriage as between one man and one woman, as well as invalidate anything resembling a marriage between members of the same sex, such as civil unions.

It was first voted on and passed by both the House and Senate in 2011 and will need to be passed again by both houses of the General Assembly before it could go to a public referendum in 2014.

Indiana Senate President David Long (R-Fort Wayne) and Indiana House Speaker Brian Bosma (R-Indianapolis) both said in statements Wednesday they anticipate the House and the Senate to vote on the marriage amendment in this year's session.

Long said he will ask the Senate's legal staff and other experts to fully analyze the case so they can offer guidance to the General Assembly.

Bosma, though disappointed in DOMA's overturning, said he was pleased to see the Supreme Court leave states to address the issue.

The changes were also addressed by Gov. Mike Pence on Wednesday, who also issued a statement affirming his support of the possible constitutional amendment.

"I believe marriage is the union between a man and a woman and is a unique institution worth defending in our state and nation,” he said in the statement.

Pence said the people of Indiana should have their say on the matter.

"Given that opportunity, I am confident that Hoosiers will reaffirm our commitment to traditional marriage and will consider this important question with civility and respect for the values and dignity of all of the people of our state.”

The nonprofit Indiana Equality Action, alongside allied groups including the American Civil Liberties Union of Indiana and Indiana Parents, Friends of Lesbians and Gays, characterized the ruling as an “enormous victory,” tempered with the knowledge of House Joint Resolution 6 defining marriage as a heterosexual union.

“We hope (proponents) will forsake HJR-6, but we are preparing to launch a grassroots educational outreach campaign opposing the amendment should they pursue its passage,” the statement read, in part.

One such opponent is Kim Myers.

Myers grew up in North Manchester. She has earned degrees at IPFW and Purdue University and is now a lecturer and academic adviser at IPFW.

She and her wife of four years, Paula Ashe, were married in Provincetown, Mass., in May 2011. The couple will now be eligible for at least some federal benefits extended by Wednesday's ruling.

“I'm only cautiously optimistic,” Myers said. “It certainly opens the door for more rights and really take us a huge step forward in terms of marriage equality.”

Though the exact timeline and full extent to which Myers and Ashe will receive federal benefits, given they live in one of the majority of states that does not recognize same-sex marriages, is unclear. Yet, Indiana is where family and friends live. It's where Myers has made a life with her wife.

“This is home,” Myers said. “We shouldn't have to rearrange our entire lives and uproot ourselves from our friends and family just to feel like full and equal citizens under the law.”

She doesn't want to leave. And for now, she said, she doesn't have to.

Legal protection and benefits at her work make life in Fort Wayne easier for her and her wife than in other parts of the state, she said. Though in a few years, when the couple plans to adopt, Indiana might no longer be a suitable fit.

“We've talked about if we're not full citizens in Indiana by that point, we'll considered leaving the state,” she said.

It will be months, if not years, until the amendment process plays out in the General Assembly. In the meantime, as Sherfick noted, the Obama administration will likely seek ways to ensure equal distribution of federal benefits among same sex couples, regardless of state of residence.

“Until that's decided,” he said, “the ruling is going to leave some folks in limbo.”